A barrister has sparked outrage by saying men should be cleared of rape when a woman claims she only consented to sex because she was drunk.

Furious rape campaign groups have condemned barrister David Osborne’s claim on his website in a blog he has called “SHE WAS GAGGING FOR IT”.

Married dad-of-four Mr Osborne, 71, wrote: “In my book, consent is consent, blind drunk or otherwise, and regret after the event cannot make it rape....I have a very simple solution which I hope you will agree is fair.

“If the complainant (I do not refer to her as the victim) was under the influence of alcohol or drugs, or both, when she was ‘raped’, this provides the accused with a complete defence.

"End of story and a victory for fairness, moderation and common sense!”

His comments have been blasted as “sick”.

Sarah Green, director of End Violence Against Women Coalition, said: “I find it hard to believe this is not some kind of sick joke or a parody.

“It is ridiculous. He is suggesting the opposite of the law.

“The justice system exists to punish and deter perpetrators. The guy is a barrister and there’s no way he doesn’t know all this.

“What a luxury to be able to make light of a very serious offence which affects 85,000 women who are raped in England and Wales every year.

“It’s not a joke if you work with survivors.”

Not rape: Barrister David Osborne (Image: Daily Mirror)

Mr Osborne has appeared in scores of rape trials during his 40-year career at the bar.

He was once nicknamed the Barrister Bard after making legal history by delivering his final speech to a trial jury entirely in verse.

His blog was also critical of Director of Public Prosecutions Alison Saunders who says rape victims should no longer be blamed by society if they are too drunk to consent to sex.

Mr Osborne wrote: “My considerable experience tells me that there are basically two defences to an allegation of rape: either ‘it wasn’t me gov’, or ‘she was gagging for it’.

“It is also correct in my own experience that most of those accused of rape are acquitted , not simply as a result of the brilliance of my advocacy, but because the jury did not believe beyond a reasonable doubt that the victim did not consent.

“Into this squirming sack of grubby emotions steps Alison Saunders, who is apparently the Director of Public Prosecutions, so she should know better.

Under-fire: Alison Saunders (Image: PA)

“She has decided, or rather it has been decided for her, that anybody who makes an allegation of rape must be believed, and everything possible in the trial process must be bent towards the conviction of the accused.

“Rape trials from now on are no longer to be prosecution led, but conviction led, and when you add into the mix that prison sentences for rape are getting longer and longer, the opportunities for a serious miscarriage of justice are self-evident. Or should that be ‘Ms.Carriage’?”

The barrister, from Combe Florey, Somerset, insisted his “solution” on consent in rape cases would not leave drunken women without protection in law.

He told the Mirror: “The protection in law that they have got seems to me to be twofold.

“Number One: Don’t go out in the first place.

“Or Number Two: If you do go out don’t get rat-arsed. If you get rat arsed, I’m sorry, you are asking for trouble.

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“You’ve seen the news sequences of girls who, regardless of the weather, have their backsides sticking out of their dresses and their tits hanging out of the same dress.

"Wandering around the streets, staggering around and then wondering at the end of all that why somebody has, if you like, taken advantage of them.

“And so in those circumstances I don’t see for the life of me why the law should now be slanted - as I perceive it with Alison Saunders - towards the victim and therefore against the accused.”

He went on: "The whole thing is over slanted in favour of drunken victims and against lads who chance their arm.

“They are not victims because victims in my opinion are synonymous with people who have been taken advantage of.

Blog anger: Mr Osborne's comments

“That is the grey area you and I are discussing. Does a bloke who siddles up to a girl: ‘Hello sweetheart, fancy a quickie’ or whatever they say these days - is he taking advantage of her and is she therefore a victim because she is under the influence.

“I don’t see that, I really don’t.

“I’ve advised my own daughter, although thank God she doesn’t trollop around the streets half naked and under the influence.

"She is now just coming up to her 30th birthday. I’ve said that you’ve got to bear in mind that walking the streets provocatively dressed can in some circumstances be an invitation to a red blooded bloke.

“I tell you what would drop the rape statistics would be if girls covered up, dressed appropriately and stopped drinking themselves legless.”

The Crown Prosecution Service is issuing police forces throughout England and Wales with new guidance on rape cases - to clarify how a person can consent to sex.

Rape: The victim is to blame if she is drunk according to the barrister (Image: Picture posed by model)

DPP Mrs Saunders said last week: “Consent to sexual activity is not a grey area - in law it is clearly defined and must be given fully and freely.

“It is not a crime to drink, but it is a crime for a rapist to target someone who is no longer capable of consenting to sex though drink.”

Barrister Mr Osborne said: “It seems to me that Alison Saunders now has gone totally the other way by saying that drunken consent is not consent.

“I’m saying that is totally unfair and totally wrong.

“A defendant should be able to say to a jury: ‘Well yes she was drunk, she had a lot to drink, she said yes and we went ahead.’

“I cannot see for the life of me why a jury should be directed that that is not a defence.

“The last rape trial I did we had much the same defence and much the same set of circumstances.

“They were at a party. She was drunk. He invited her out. They went round the back.

“It was all rather unromantic but these things tend to be rather unromantic I’m afraid.

“He invited her round the back of a bicycle shed, had his way with her and she didn’t enjoy it so she cried rape.

“She was saying ‘I didn’t consent’ and I said ‘well what did you say to him that suggested to him that you weren’t consenting’.

“And she replied ‘nothing’.

“What is more, bear in mind that these people who are convicted of rape usually go first time around to prison for sentences in the region of between four and six years - and you and I wouldn’t enjoy that.

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“Even with four years they are supposed to serve two years. Let’s assume they serve two years - it’s two years of your life down the swanee because the girl was under the influence and you, if you like, took advantage of her.”

Mr Osborne has written humorous books on law and is also an after-dinner speaker.

But rape victim charities were furious at his remarks.

Women Centre national lead Clare Jones, who was awarded a CBE in 2012 for her work with vulnerable women, said: “It’s appalling.

“We are deeply shocked that even today, in 2015, someone can seriously suggest that the violent crime of rape could be provided with a complete defence if a woman was under the influence of alcohol or drugs at the time.

“Is Mr Osborne suggesting that women need to be teetotal in public places in order to protect themselves ?

“I think most people would agree that women have the right to live their lives free from the fear of attack, rape and violence both inside and outside of the home. “

Rape Crisis Scotland spokeswoman Eileen Maitland said: “Rape is a crime which can have devastating consequences for survivors, who can face many barriers in their efforts to obtain justice.

“Among the most insidious and damaging of these are the prejudicial and judgmental attitudes which lead to women being blamed for assaults committed against them, and which can seriously erode their chances of a just outcome, compounding the devastation they have already experienced still further.

“Organisations like Rape Crisis are putting many resources into raising awareness among young people of the nature and importance of consent - including the fact that when someone is very drunk they are not in a position to give it.

“ David Osborne confirms what we already know about the prevalence of misogynistic prejudices which seriously harm rape victims, and denies them access to justice.”